Purdue Patents definition
Examples of Purdue Patents in a sentence
In the event that any of the Purdue Companies (or any of their respective successors and assigns) sells or assigns (other than in connection with the grant of a security interest) any of the Purdue Patents to any other person or entity, such person or entity shall agree to assume the obligations of such Purdue Company under this Patent License Agreement in writing as a condition to such acquisition.
Purdue shall, upon reasonable request of BDSI, promptly provide BDSI with copies of any Purdue Documentation, Purdue Know-How, Purdue Patents, or other Patents Covering any Purdue Improvements or Joint Improvements to the extent not prohibited by Applicable Law, not previously provided to BDSI, and BDSI has been granted rights thereto pursuant to this Agreement.
Transcept shall have the right to sublicense the license under the Purdue Patents described above with Purdue’s consent, not to be unreasonably withheld, conditioned or delayed and shall have the right to sublicense the license under Purdue Know-How described above, without any obligation to obtain Purdue’s consent.
The Purdue Companies hereby grant to IMPAX a non-exclusive, royalty-free, non-transferable (except as provided in Sections 1(d) and 12 below) license of limited duration under the Purdue Patents to make, have made, use, offer to Sell (as defined below), Sell and have Sold not more than that number of bottles each containing 100 tablets (“Bottles”) equal to the difference between (i) 523,000 minus (ii) the number of Bottles Sold by IMPAX, ▇▇▇▇ Pharmaceuticals, Inc.
IMPAX hereby waives and agrees not to raise or assert as a defense or counterclaim in any action brought by the Purdue Companies to enforce IMPAX’s obligations hereunder, any contention of non-infringement, invalidity or unenforceability of the Purdue Patents, or invalidity or unenforceability of the 331 Patent, or any contention under Federal or state antitrust or unfair competition laws; provided, however, that IMPAX shall not be prohibited from providing evidence that XXXXX.
IMPAX hereby waives and agrees not to raise or assert as a defense or counterclaim in any action brought by the Purdue Companies to enforce IMPAX’s obligations hereunder, any contention of non-infringement, invalidity or unenforceability of the Purdue Patents, or invalidity or unenforceability of the ‘331 Patent, or any contention under Federal or state antitrust or unfair competition laws; provided, however, that Impax shall not be prohibited from providing evidence that the XXXXX.
Except as set forth in this Section 9, (i) the Purdue Entities may not assign any of the Purdue Patents or the Purdue Products separate and apart from this Agreement and (ii) neither Assertio nor any of its Associated Companies may assign any of the Assertio Patents or the Assertio Products separate and apart from this Agreement.
The Purdue Companies hereby grant to the Endo Companies, a non-exclusive, royalty-free, non-transferable license of limited duration under the Purdue Patents to make, have made, use, offer to sell, sell (including for resale) and import the generic versions of OxyContin® products specifically described in the Endo ANDA (the “Licensed Products”) in the United States, subject to the Patent License Effective Date and Termination Date (as defined below).
The term of this Agreement will commence upon the Signing Date and will continue until the end of the enforceability period following expiration of all of the Assertio Patents and the Purdue Patents.
Nothing in this Agreement is or shall be construed as an admission of any fact, wrongdoing, liability, infringement or non- infringement, of the validity or invalidity, or enforceability or non-enforceability of any of the Assertio Patents or the Purdue Patents or any position taken or proposed to be taken in any action or proceeding, including the Civil Action.